It's The Myths And Facts Behind Asbestos Defense Litigation

Asbestos Defense Litigation

Asbestos cases need to be thoroughly studied. This involves identifying asbestos-containing products and locating potential defendants. This may involve gathering information from relatives, coworkers or abatement workers and analysing documents and other material.

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and work with local attorneys to develop an efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a wide range of building materials, such as cement products, paints and floor tiles. It can also be found in artex, adhesives, doors, insulation, and adhesives. It is difficult to determine whether a particular product has or does not contain asbestos based on its appearance. The most effective method to determine the presence of asbestos is to have a professional environmental surveyor inspect the material.

Asbestos fibers are tiny and light, which means they can travel a considerable distance, even through closed doors and windows. When they reach the lungs they can cause the development of serious health conditions. Asbestos is most dangerous when it's damaged, releasing deadly fibers into the air. It is crucial to not disturb or remove building materials unless they've been properly labeled and accompanied by an inspection.

Due to the lengthy latency between exposure and illness, obtaining meaningful discovery in an asbestos case is extremely challenging. In addition, there are significant concerns regarding the admissibility of the plaintiffs' experts and testimony on the causal link between asbestos exposure and diseases.

In these types of situations, asbestos defense attorneys are often able to argue for summary judgment in the lack of a solid factual basis. For example, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he does not have information about the date and location of the accident, the cars involved or any other information that could support the conclusion that defendant David is responsible for his injuries.

A New York mesothelioma attorney with experience in this area should be consulted. They will analyze the facts of the case, and any expert reports or other documentation, to determine if the summary judgment is a suitable remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this process. Asbestos law firms across the country can help their clients to file their claims in the most appropriate place. This could be the State of New York, or a federal district court in New York City.

Asbestos Disease Identification

Although asbestos is not mined or processed in the United States, it still is present in many buildings and products that were produced prior to 1989. As these products degrade they release tiny fibers into the air that can be breathed in by people who are near. These fibers can cause various lung illnesses.

Lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. The people who breathe in these fibers can experience a range of symptoms such as chest pain, fatigue and breath shortness. These symptoms might not show up until decades after exposure to asbestos.

All forms of asbestos including chrysotile, are carcinogenic to humans. Exposure to asbestos causes lung cancer larynx, ovaries and larynx. It can also cause a type of mesothelioma in the linings found in body cavities such as the stomach, the heart and tests. Mesothelioma is difficult to identify because it is a latent period of time and shares many symptoms with other conditions, such as rheumatoid arthritis and sarcoidosis.

Those who have been exposed to asbestos or have been exposed to significant environmental elements are the most at risk of developing asbestos-related ailments. These include boilermakers, construction workers, shipyard workers; railroad and U.S. Navy veterans; and those who assisted with clean-up following the September. 11, 2001 terrorist attacks. Some of the symptoms for those who suffer from this condition include difficulty breathing, chest pain and coughing.

A doctor can determine whether a patient suffers from an asbestos-related disease by examining the patient's medical background, work history, and family background. X-rays and CT scans can help confirm an asbestos-related condition. Patients suffering from asbestosis are advised to undergo a yearly lung function test. This can help keep track of their condition. The test can identify asbestosis ' progression and also identify other health issues that could be related to the disease. Patients with asbestosis should also get regular vaccinations to avoid other respiratory diseases such as psoriasis. The EPA offers an TSCA Hotline and an asbestos Ombudsman who can provide additional information and assistance.

Asbestos Database Development

Asbestos is made up of fibrous minerals. It was widely used in the construction and industry due to its strength and fire retardant as well as corrosion resistance properties. Asbestos particles inhalation can cause a variety medical problems, including mesothelioma, lung cancer and other organs, as well as neurological dysfunctions. These conditions can take up to 30 years or longer to appear.

Many asbestos cases are multi-defendant, and require complex discovery, which is often complicated because of a failure to identify the right asbestos products in every case. To determine the asbestos products involved the need for forensic experts along with a variety of investigative methods and tools like interviewing former colleagues, obtaining invoices and delivery papers, and taking samples at home and work. The type of asbestos -- amosite, chrysotile, or crocidolite -- should also be determined.

We have a wealth of experience defending companies involved in the asbestos industry. This includes companies that manufacture products distributors, suppliers and manufacturers as well as contractors. Our team has been National Coordinating Counsel and Trial Counsel for a variety of asbestos litigation clients and has defended the companies in a variety of jurisdictions across the United States. We also serve as Defense Liaison Counsel for several of the states' asbestos dockets where we manage regional and local counsel to ensure consistent and cost-effective defense strategies and results.

Our national strategy to manage the asbestos defense has been proven effective and, in a number of instances, has reduced legal costs by millions of dollars in comparison to the amount companies paid when they were being represented by other firms. This unique and aggressive approach to managing asbestos cases has been recognized by courts throughout the country.

We are also experienced in defending mass toxic tort lawsuits filed against manufacturers of pharmaceutical and industrial chemicals and petroleum chemicals. These lawsuits are based on the claim that exposure to these chemicals causes diseases like restrictive and obstructive lung disorders and occupational asthma, as well as cancers of various types and a variety of neurological conditions.

Medical Expert Witnesses

Medical expert witnesses in asbestos cases are crucial in part because the signs of exposure to asbestos can be misinterpreted as other ailments like emphysema, among others of lung cancer. It is essential for attorneys to have access to experts in these fields who can aid in identifying different diseases and explain the causes of each disease by different types of exposures.

Medical records of asbestos victims are usually the most reliable source of this proof. X-rays are available, as well as CT scans and biopsies. However, to make the most of the information available, it is important to have medical experts who can sift through the information and make a decision on probabilities, causation and other issues.

The medical experts involved in asbestos cases are usually well-known and have testified in dozens, or even hundreds of other cases. This credibility increases the credibility of these experts in the eyes the jury. These doctors have a great deal of experience in preparing themselves to be witnesses, and they know the best way to answer questions from the defendants and how to present the evidence to the court.

It is essential that both scientists and medical experts to testify about the various causes of asbestos-related diseases. It is not enough to show that the victim has mesothelioma. It has to be demonstrated how asbestos exposure exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.

St. Joseph asbestos lawsuits  can be an important portion of expenses in asbestos cases. Therefore, it is crucial that a defense attorney be adept at identifying and hire the best expert witness for any given case.

We represent material manufacturers, suppliers of products distributors, and property owners in asbestos cases in federal and state courts throughout the United States. Our team of committed and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today to learn how we can help you.